Archive for the ‘ Personal Injury ’ Category

Damages Recoverable in a Distracted Driving Accident

Posted on: June 8, 2015 by in Personal Injury
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Under Colorado law, individuals are prohibited from texting while driving. However, motorists are not entirely banned from all types of cell phone use while driving. If you were involved in an accident involving a distracted driver, it is important to identify the driver’s negligence in causing your accident. Get in touch with a Denver car accident lawyer immediately, and discuss your claim for compensation.

You can file a car accident claim for compensation that includes damages for the following:

– medical costs
– loss of income
– diminished earning capacity
– pain and suffering
– disability

However, in order to file a successful car accident claim, you must be able to prove that the other driver was negligent by his distracted behavior at the wheel. On your own, you may not be able to collect the kind of evidence that you will need to file a successful car accident claim based on distracted driving. A lawyer however, will recover evidence that can prove that the other motorist involved in the accident was distracted at the wheel. Cell phone records, eyewitness accounts, and other kinds of evidence can prove that the other driver was texting at the time of the accident. In order to prove liability, you must be able to provide substantial evidence that the other motorist was distracted at the time of the accident.

To learn more about how to file a claim after an accident involving a distracted driver, speak to a Denver car accident lawyer.

How to Use Social Media during a Car Accident Claim

Posted on: June 5, 2015 by in Personal Injury
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The average American is now on more than one social networking site. From Facebook and Instagram, to Pinterest and Foursquare, it is very likely that you are active on more than one social networking site,. After you have been involved in an accident, it is natural for you to feel compelled to reassure your friends and family that you’re okay, by posting on your Facebook, or Tweeting to your followers. However, don’t simply post that you were involved in an accident and are perfectly fine, and that nobody needs to worry. That could cause an insurance adjuster, who will go through your tweets later, to wonder whether your injuries are really that serious at all.

Make no mistake-your insurance adjuster is going to dig online for information about your injuries. Facebook can provide a treasure trove of information. Even with the privacy settings, you may find that not all of your pictures or posts are completely inaccessible to an insurance adjuster. To learn more about how you can protect your interests in a car accident claim, discuss your case with a Denver car accident lawyer.

It’s best to completely avoid all social media activity, while your car accident claim is pending, but if that is not possible, limit activity as much as possible. Stay factual, keep posts very brief, and avoid uploading pictures. Don’t discuss your injuries, medical treatment or recovery with anyone online. Don’t accept friend requests from strangers, and especially not your insurance adjuster.

To learn more about the dangers of using social media during a car accident claim, speak to a Denver car accident lawyer.

Damages in Your Brain Injury Claim

Posted on: June 3, 2015 by in Personal Injury
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It’s important to identify all of the damages that you have suffered after a brain injury before you file a claim. Discuss the claim with a Denver brain injury lawyer, and identify all of these damages.

The value of a brain injury claim must include the medical expenses that you have suffered as a result of the injury. These medical costs are likely to be extensive, because brain injuries can result in not just emergency treatment and hospitalization, but also multiple surgeries.

Apart from your medical costs, you must also account for the future medical expenses that you can expect as a result of the injury. A typical brain injury patient, even one who has suffered a moderate brain injury, may require long-term physical therapy and rehabilitation for months after the injury.

Also account for lost income, as well as future diminished earning capacity or loss of earnings due to a disability as part of the injury.

There are other damages that you can include, including pain and suffering, the loss of enjoyment of life, and the loss of ability to enjoy social and personal relationships. Your spouse may be eligible to file a loss of consortium claim that can compensate him or her for loss of affection and loss of marital relations. Discuss filing a claim after a brain injury with a Denver brain injury lawyer.

Who Is Liable in a Trucking Accident?

Posted on: June 1, 2015 by in Personal Injury
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Approximately 4,000 people are killed every year in trucking accidents in the United States. Several thousands more are injured in these accidents. Because commercial trucks are much larger, bulkier and heavier than smaller cars, the occupants of the smaller passenger vehicle may be at a high risk of being injured or killed in a collision involving a tractor-trailer. If you were injured in a trucking accident, speak to a Denver truck accident lawyer to file a claim.

It’s important to identify all of the parties that are liable in your claim. There may be more than one party. This is one aspect in which trucking accident claims differ very significantly from accident claims. It is fairly common to have an auto accident claim that only names one single party for negligence. However, in a trucking accident claim, you could name several parties, including the truck driver operating the truck at the time of the accident, and the trucking company that owned or operated the truck.

Besides, there are other parties that may be liable in a trucking accident. These include the cargo company that was responsible for loading the car on the track. Improper loading can cause a balance shift or load shift when the truck is in operation, causing a possibly serious accident. Besides, companies that were responsible for the repair and maintenance of the truck may also be liable in a claim if investigations can prove that the accident was caused because of defective or malfunctioning parts.

It’s critical to identify all of the liable parties in your claim. Talk to a Denver trucking accident lawyer before filing a claim to recover damages.

What Kind of Damages Can I Recover in a Personal Injury Claim?

Posted on: May 29, 2015 by in Personal Injury
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In a personal injury claim, a plaintiff may be able to recover a wide variety of damages that are intended to compensate for all of his damages or losses in the accident. The damages can include both compensatory as well as non-compensatory damages. Compensatory damages again can be divided into economic damages and noneconomic damages.

Economic Damages

The economic damages that you can name in your claim include medical expenses that we have suffered as a result of your injuries, and lost income from days lost off work as a result of the injuries. Besides, you can also account for any potential diminished income in the future as part of your economic damages. Economic damages will also help pay for your property damage, including damage to your car in the accident. For assistance filing a claim, speak with a Denver car accident lawyer.

Noneconomic Damages

Noneconomic damages are a little more difficult to quantify. These are those damages that are meant to compensate you for the nonfinancial injuries. These damages will help to compensate you for the pain and suffering that you suffered in the accident, as well as emotional suffering and emotional anguish. For instance, if, in the weeks and months after the accident, you suffered from sleeplessness, anxiety, trauma, or symptoms of post-traumatic stress disorder, you may be able to claim damages for pain and suffering.

Other noneconomic damages can include loss of enjoyment of life and loss of consortium, which is usually claimed by the spouse of the injured plaintiff, and is meant to compensate for the loss of marital relations, and loss of spousal affection as a result of the injuries.

For help determining the damages you must include in your claim, speak to a Denver car accident lawyer

Dealing with Insurance Companies after an Accident

Posted on: May 27, 2015 by in Personal Injury
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After an accident, report the crash to your insurance company. You will get a call from the insurance company soon after the report. The carrier will want a number of details of the accident, including the type of accident, what exactly happened to you and the car, and the extent of the injuries that occurred in the accident. The insurance company will also want to know what kind of damage occurred, and other details. For help dealing with an insurer after a crash, speak to a Denver car accident lawyer

Once you file a claim, your insurance company will assign an insurance adjuster to your claim. From then on, you will be in contact with the insurance adjuster. This person will be in charge of investigating the accident and evaluating your claim. As part of that investigation, insurance adjusters will go through medical reports, other documentation of your injuries, and an investigation of the accident scene. Your adjuster will contact witnesses at the scene of the accident, analyze the accident scene, and assess damage to your car in the crash.

If you are an informed motorist, you will find it easy to settle a car accident insurance claim with your insurance company. Note exactly what types of coverage are included in your policy, and be prepared to provide the insurance adjuster all of the information that he needs to investigate the accident. The more clear and concise you are in your report about the accident, the easier it will be for you to get a settlement.

For help filing a claim after car accident, speak to a Denver car accident lawyer.

Evidence You Can Present during Settlement of Your Car Accident Claim

Posted on: May 25, 2015 by in Personal Injury
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Soon after the accident, you must begin the process of collecting evidence that will help you when you file your claim. The process of collection of evidence must begin as soon as the accident occurs, and if you are in a position where you’re not too seriously injured and are able to take pictures and document evidence at the scene, it is highly recommended that you do so.

The evidence that you present to the insurer in support of your claim, can include a complete summary of exactly how the accident occurred. Note down exactly what happened in the seconds before the accident and immediately after the accident.

If you can provide supporting documents in the form of a police report, or photographs at the scene of the accident, do so. If you have witness statements, then provide these as well. Start the process of noting down important information right at the scene of the accident. If you have a cell phone, use the phone to record audio testimony at the scene of the accident.

Also maintain all of your medical records, including diagnostic test results, your lab test results, x-ray, CT scan and MRI scan results, Doctor reports, and a summary from your doctor, identifying exactly how serious your injuries are, and how well you are recovering.

Also maintain copies of all of your medical bills. A Denver car accident lawyer may also find it easier to settle your claim for a much higher amount if you provide a statement from your employer, stating the loss of income that you have suffered as a result of the injuries in the accident. If you can provide a journal with notes about your thoughts and feelings signifying your pain and suffering in the days after the accident, then this can prove useful too.

If you have suffered injuries in a car accident, speak to a Denver car accident lawyer about filing a claim for compensation.

DOT Guidelines for Truck Driver Drug and Alcohol Testing

Posted on: May 22, 2015 by in Personal Injury
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The Department Of Transportation sets guidelines and best practices for trucking companies conducting drug and alcohol tests on drivers. Such tests must be conducted right at the time of employment, before the truck driver is hired, and throughout the driver’s employment in the form of random testing. Random testing helps reduce the likelihood that the person will drive under the influence of alcohol or drugs.

The Department Of Transportation recommends that a trucking company use scientifically valid methods for selection of employees for testing. Truck drivers can be selected based on a computerized random number generator, or a number table.

The Department Of Transportation also recommends that the trucking company conducts random drug and alcohol testing, at least quarterly. The element of surprise is critical in a random drug test, and your employees must be tested when they least expect it. Testing should preferably be spread throughout the year, instead of being concentrated in one particular time of the year. Spread out testing dates over the year, and test employees on duty or when performing any duties that are sensitive to their performance.

If you were involved in a trucking accident that resulted in injuries, the driver may be subjected to drug and alcohol tests to rule out the role of alcohol and drugs in causing the accident. If test results are positive, you may be able to hold the trucking company liable for your injuries. Speak to a Denver trucking accident lawyer about filing a claim.

Rental Car Accident Claims

Posted on: May 20, 2015 by in Personal Injury
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When you are involved in a rental car accident, first get medical help for yourself and the other occupants of the car. Exchange contact information with the other motorist involved in your accident. Call the rental car company, and inform the company about the accident. If there has been property damage, call the police. Police will arrive at the scene of the accident, and prepare a police report.

You can attempt to claim compensation from your own insurance company. Typically, rental car accident compensation is covered under the collision and comprehensive coverage policies in your insurance plan. If you have a collision and comprehensive coverage policy, then this will cover your expenses after you are involved in a rental car crash.

However, if you do not have this coverage in your existing policy, then your accident could prove more expensive for you. For instance, you may continue to owe the company rental even if you are no longer driving the car after the accident.

If you are having trouble recovering compensation after being involved in an accident while driving a rental car, talk to a car accident lawyer in Denver about protecting your rights. You don’t necessarily have to purchase additional rental car coverage at the time of renting the car to file a claim. Learn what your rights are by talking to a car accident lawyer in Denver.

Other Parties besides the Motorist Who may Be Liable in a Car Accident Claim

Posted on: May 18, 2015 by in Personal Injury
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Before you file a personal injury claim in a car accident, it’s important to identify all of the parties liable. The more the numbers of parties you name in your claim, the higher the chances of substantial compensation recovery for you.

Apart from the motorist who was negligent in causing your accident, there may be other parties that may also be liable. For instance, if the other motorist involved in the accident was driving on work at the time, his employer may also be liable for your injuries.

Another possible example of third-party liability would be the owner of a commercial establishment that serves alcohol to an intoxicated patron in a drunk driving accident. Under Colorado’s dram shop laws, you may be able to hold the owner of the pub, bar or restaurant that served alcohol to a visibly intoxicated patron who then caused your accident, liable for your injuries. If the establishment continued to serve the person alcohol even after he was visibly intoxicated or served alcohol to a person below the age of 21, then the establishment owner may be held responsible in your accident.

To identify all the parties liable in your accident, and to identify all of the sources of compensation recovery in your claim, discuss your case with a Denver car accident lawyer. Filing a claim will help recover damages that include medical expenses, pain and suffering, disability, and other damages. Talk to a Denver car accident lawyer before you file a claim.

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